From Stark
A public relations consultant for Lummi Nation has provided us with a copy of a letter from the chairmen of four other Northwest tribes to U.S. Sens. Maria Cantwell and Patty Murray, as well as U.S. Rep. Rick Larsen, concerning the drawn-out negotiations over a new lease for the county’s ferry to Lummi Island.
“As a federally recognized Indian tribe, the Lummi Nation has jurisdiction and the right to govern its own lands,” the letter says. “In giving Whatcom County a deadline for resolving safety issues on reservation roads and waters that result from the operation of the county’s Lummi Island ferry, the Lummi Nation was acting within its sovereign right.”
The letter notes that islanders and their backers have mounted a letter writing campaign to the congressional delegation asking them to intervene in the matter, and asks the senators and congressman to be wary.
“In our view, any federal intervention that seeks to force the Lummi Nation to use its land or resources in a manner without their consent would be a breach of the federal trust responsibilities and existing federal law,” the letter says.
A few years ago, Whatcom County officials had expected to extend their lease of the ferry dock on the Lummi reservation by exercising a 25-year renewal option, enforceable by binding arbitration to determine renewal terms.
But although tribal officials signed a 1988 document that contained the renewal option, tribal officials contend that the lease is not binding because it was never approved by the U.S. Bureau of Indian Affairs, and county officials are not challenging that contention.
The signers of the letter include Nooksack Indian Tribe Chairman Bob Kelly, a former Whatcom County Council member; Swinomish Indian Tribal Community Chairman Brian Cladoosby; Tulalip Tribes Chairman Mel Sheldon; and Stillaguamish Tribe Chairman Shawn Yanity.
The county and the approximately 900 island residents face an April 10 deadline for resolution of the matter. More negotiations are scheduled for April 6.
“In giving Whatcom County a deadline for resolving safety issues on reservation roads and waters that result from the operation of the county’s Lummi Island ferry, the Lummi Nation was acting within its sovereign right.”
If a person is able to look at the issue objectively, they would not be able to disagree with this fact.
The original lease expired.
The renewal OPTION the county erroneously thought was iron-clad so they could snub their collective noses at the safety issues and other issues was not iron-clad at all.
The county’s representatives FAILED to do their jobs all along the way, including assuring that the original lease was duly signed and recorded up to the current mess. The one’s that still serve and had a hand in this
fiasco should be held accountable.
What the tribes say in support of the Lummi Nation is almost as meaningful
as what our delegation says in support of the county.
Which is to say none.
The ultimate issue of right-of-way for the county road system will rear its head if cash talks fail,
and there’s no way on God’s Green Earth that the ferry will be hindered in any way on April 11.
re: safety issues related to ferry traffic. I suggest you take a look at the Lummi Island Ferry Forum, in particular the several articles related to data on ferry-related traffic safety. Please don’t assume that the tribe’s PR is the whole truth and nothing but the truth. (That’s the problem with PR – it always ‘tells a story’ that leaves critical bits out. )
According to the Whatcom County/Lummi Nation Reservation-Wide Traffic Study, less than 45% of the traffic on Haxton Way is ferry related (actually MUCH less). Let the County pay for half of the traffic safety improvements, and the tribe pay for the other half. This will create an incentive for the tribe to identify the most cost effective options, and create a little equity too.
Haxton was widened at the behest of the tribe, and now that it is wider, they are pissed off that people drive faster on it. Hell, today I was doing the limit on Haxton, and was passed by two cars that were driven by folks who did not live on the island. Let’s get real people!
Every time I have followed a line of traffic out there it has always lined up at the ferry. Just sayin’.
But what would we do if we didn’t have the Lummis to blame for all the shortfalls of the county and the inhumanity of our country towards indigenous peoples…
This kind of bland twaddle was the best the PR crew could come up with? Everyone should sign it, twice if possible, along with a statement deploring drug abuse and wife beating.
Everything was better in the old days. Here’s what some wag managed to get inserted into the consent decree intergovernmental agreement in 1982 (which the tribe signed before a federal judge, agreeing to the lease terms, so best hold off on that nonsense about “govern your own lands” “sovereign rights” “existing federal law” yada yada yada).
“The tribe is working on plans for the development of the Gooseberry Point Small Boat Harbor. The County recognizes that this project involves tribe property located exclusively within the boundaries of the Lummi Reservation and, therefore, that the tribe has jurisdiction over said project. The tribe agrees that the construction, use, and enjoyment of the Gooseberry Point Small Boat Harbor shall be conducted in such a manner as not to interfere with the operation of the County ferry service to Lummi Island.”
Now, besides the prima facie language here, which is a straight-forward agreement of obvious intent, there’s a subtler twist. The county gives it’s blessing to the tribe’s plan to build a marina within their boundaries; hey, it’s their property to do what they want with, right? Well, the reservation boundary is the low tide mark, and at low tide the marina inside the boundary is….on dry land. Bwwaahhahhaahhahahhhaaa. Guys had a sense of humor back then, eh?
Singlecheek: Your point about the consent decree is a good one, but the marina need not be below the existing tideline. Not all marinas are like Squalicum Harbor, built behind breakwaters. Marinas can also be created by dredging of uplands. The Port of Bellingham enlarged the Blaine marina that way many years ago, and the Point Roberts marina was created that way too, I believe.
I’ve been in marinas that only exist behind locks; you sail in at high tide and they close the doors behind you. If you don’t make it in time, you get a chance to clean your hull, tied off to the moat wall and braced against the bottom. I know there are dredged marinas, including one at the top of Orcas Island. The original language in the petition to the BIA for the current existing right of way for the ferry called for the “Road from Bellingham to Lummi Island and Orcas Island”. A ferry used to run from Lummi to Orcas during the 1940s. The language in that intergovernmental agreement was amusing nonetheless.
If the tribe wanted to dredge, they could have the finest harbor on the west coast in the lee of Portage Island. If they could get guys like Don Trump and Steve Wynn interested, they could build a spectacular casino/resort on the island, make millionaires out of everyone in the tribe. The present crew is a bit attitudinally challenged for anything requiring cooperation, tho. Pretty much a psychological open wound over there these days.
Here’s one of the chief protagonists of the hostilities:
http://www.mytribetv.com/lummi/index.php/ondemand, click on “Treaty Day 2011, Jewell James clip”.
http://web.me.com/lummicommunications/Lummi_Communications/Home.html
It seems a little odd the tribe would want to bring up United States v. Washington and Judge Boldt’s previous fishing decision.
45. Prior to the Treaty of Point Elliott, the Lummi, Semiahmoo and Samish Indians had been engaged in trade in salmon, halibut and shellfish both with other Indians and with non-Indians. [FPTO � 3-42] This trade continued after the treaty. [Ex. USA-30, p. 6] At the time of the treaty they maintained prosperous communities by virtue of their ownership of lucrative saltwater fisheries. The single most valuable fish resource was undoubtedly the sockeye, which the Lummis were able to intercept in the Straits on the annual migration of the sockeye from the ocean to the Fraser River. [Ex. USA-30, p. 11] Lummi Indians developed a highly efficient technique, known as reef netting, for taking large quantities of salmon in salt water. [Ex. USA-30, p. 11] Aboriginal Indian “reef netting” differs from present methods and techniques described by the same term. [FPTO � 3-40] The Lummis had reef net sites on Orcas Island, San Juan Island, Lummi Island and Fidalgo Island, and near Point Roberts and Sandy Point. [Ex. USA-30, p. 23; Exs. USA-62, USA-63; Tr. 1699, l. 2 to 1701, [**110] l. 21] When nature did not provide optimum reef conditions the Indians artificially created them. [Ex. USA-30, p. 17] Reef netting was one of the two most important economic activities engaged in by these Indians, the other being the sale of dog fish oil. These Indians also took spring, silver and humpback salmon and steelhead by gill nets and harpoons near the mouth of the Nooksack River, and steelhead by harpoons and basketry traps on Whatcom Creek. They trolled the waters of the San Juan Islands for various species of salmon. [FPTO � 3-42; Ex. USA-30, pp. 6-25; Ex. G-21, pp. I-19-I-21]
If this is the same public relations firm who recommended and organized the Lummi Island Community Connection Dinner on behalf of the Trivve they should be asking for their money back and looking for a new pr firm.
Both the Tribe and Whatcom County have legal challenges in enforcing or squirming out of the original deal. At the end of the day, are the issues really material to the intent of the parties and does anyone really believe a Federal Court is going to allow the Tribe to deny access to a 90 year old ferry right of way when they have their hand out for Fifty, Sixty or Seventy Million Dollars in free money. If our Goverment allows this to happen we have much bigger problems than the Lummi Ferry Landing.
Its self-evident the Lummi Tribe is starting to doubt the wisdom and support of their position when they recruit four other tribes in am attempt to influence our State Senators, who must becoming increasingly annoyed and embarrased by the Tribes inability to get along with the local community.
I think the tribe realizes they have done a terrible job of pr, but pride is a hard thing to give up for those we so have so often left with only that…..
Shaun..
The Tribes Executive Group have the opportunity to show leadership which only increases the chance of walking away with both the money and their pride… Ignore the haters and the past – Most people want the tribe to be successful, but these threats and demands against the innocent Islanders needs to end in order for them to win. In other words, if the Tribe wins this argument, the social impact stories are going to bury them and their Public support for future free money. If they lose, no one is going feel empathy for them and once again their public support for free taxpayer money could be at risk…
In the final analysis- they have one rationale move…to elevate their status, pride and enhance public support for future funding. Show leadership and stop these threats and petty financial demands. Work with Whatcom County for the public good and offer fair market prices for the leasehold or better yet acknowledge the right of way. Public support for their continued self-governance will follow.